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, and it should likely be a death penalty case under federal law. i believe that the federal confidence in doing this at this time is extraordinary. >> cenk: all right, beth what are your thoughts here? any reason to call him an enemy combatant, are you in favor or opposed to it. >> well, it's not my opinion it's the law. he's not an enemy combatant. he's captureed on american soil. it has to be shown that he was in control or in concert with an foreign enemy. in this case it didn't meet that standard, so the law took care of itself. >> cenk: that's true. they called jose pedea made up how he was a dirty bomber and then later when they were forced to go to trial they said, yeah, well, turns out he wasn't a dirty bomber, but he was doing other things not related to us, but still terror, and he's in jail now but isn't that the problem, kevin, when you trust people to the government to just label the people enemy combatant correctly, that's not again the american system. >> in that case he was actually in a military prison and was actually transferred to a miami federal prison. you're right jay car
-mailed to law enforcement. so we should put it on the front cover. that's exactly what we're talking about. noah was saying before the ideas there is no precedent, there is no recent precedent. you said at 9/11, of course there is precedent saying about what they did, all the things that they said about muslim americans. how many reasonable people you know say i got on a plane and there were arabs on the plane and these are reasonable people in the wake of 9/11. whether it's human reflex or not, it happens and not only did it happen in recent history it happened yesterday on the new york post. they're excited to inflame. it's irresponsible that they should public page six as an one sheet and forget the whole paper paper. >> cenk: it's also partly a matter of numbers. noah, look the country is as a majority white. you're not going to get on a plane, to go along with michael's story and say oh, my god, there is a white guy next to me. as a matter of numbers you would never say that. but now the reality is there is a billion muslims in the world but not in america. and if 9/11 was a muslim guy and
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